
The Electoral College was established in 1804 by the 12th Amendment of the U.S. Constitution, but can it pass the “equal protection” test of the 14th Amendment which was established in 1866?
Consider the following:
Wyoming population 578,803 (2021) has 3 electoral votes = 192,934 per electoral vote.
California population 39,240,000 (2021) has 55 electoral votes = 713,455 per electoral vote.
So it takes almost four California voters to equal one Wyoming voter.
The Equal Protection Clause was part of the 14th Amendment (passed in 1866), which, I would think, supersedes the 12th Amendment which established the Electoral College in 1804.
If we have equal protection under the U.S. Constitution, isn’t it reasonable to conclude that the Electoral College is unconstitutional on the basis that my vote in California is only worth about a quarter of the value of somebody who’s voting in Wyoming?
Mike Zonta
OccupySF.net Co-Editor